Exemption from field based duty due to osteoarthritis

Did you file (wirtten) representation to higher officers ?

File writ of MANDAMUS in high court against central government to get your relief. 

To seek exemption from field-based duty due to osteoarthritis or knee issues as a central government technical employee working with Forest Survey of India in Shimla, follow these steps: -

 *Obtain a Medical Certificate*: Get a detailed medical certificate from your doctor specifying your condition, its impact on your mobility, and your ability to perform fieldwork. The certificate should mention any restrictions or limitations. -

 *Submit a Formal Request*: Write a formal request to your office, attaching the medical certificate, explaining your situation, and requesting exemption from field duties. Specify your willingness to take up alternative office-based roles. -

 *Cite Relevant Rules and Regulations*: Mention the relevant rules and regulations, such as the Rights of Persons with Disabilities (RPWD) Act, 2016, and Office Memorandum (OM) issued by the Department of Personnel and Training (DOPT), that support your request for accommodation. -

*Request Accommodation*: Ask your office to provide reasonable accommodations, such as adjusting your job duties or reassigning you to a role that doesn't require extensive fieldwork. -

 *Follow Up*: If your request is not entertained, follow up with your office and consider escalating the matter to higher authorities or seeking support from your department's welfare or personnel division.

*Key Points to Include in Your Request* - *Medical Condition*: Clearly describe your osteoarthritis or knee issue and its impact on your mobility and ability to perform fieldwork. -

 *Restrictions and Limitations*: Specify any restrictions or limitations imposed by your doctor, such as avoiding prolonged standing, walking, or heavy lifting. -

 *Alternative Roles*: Suggest alternative office-based roles that you can perform without exacerbating your condition. -

*Supporting Documents*: Attach relevant documents, including medical certificates, test reports, and any previous communications with your office regarding your condition. 

*Next Steps* - If your office still doesn't accommodate your request, consider seeking advice from a lawyer specializing in service matters or contacting your department's grievance redressal mechanism. -

 Keep a record of all communications, including dates, times, and details of conversations with your office and colleagues.

Sir I am requesting since last 2 years. And i have submitted all the documents with so many representation. Now I want to know that can I directly go to Himachal Pradesh High Court instead of CAT

Yes need to approach the CAT  relying upon the provisions of  Section 20 of Rights of Persons with Disabilities Act, 2016 and the directions of the Supreme Court in Bhagwan Dass & anr vs Punjab State Electricity Board.

However, the CAT can only direct the authorities to consider your request based upon the extant norms. There could be no decision from the CAT  to exempt you from field duty.

You shall submit a request to the government (Ministry of your Department) by registered post, and if no response, then approach the court.

I respect your reply Sir. As you said that there could be no decision fromthe CAT toexempt.then what about the Office Memorandum No.18017/1/2014-Estt(L) dated 25^th February 2015, issued by the Department of Personnel & Training (DoPT).  As CAT is also the part of DoPT. 

My question is that if i got the benchmark disability then am i may eligible for the suitable accomodation instead of filed duty. second question is that if CAT is not the best way for the relief then may i directly went to Himachal High Court.

A central government employee with a locomotor disability may be able to seek exemption from field duty under the Rights of Persons with Disabilities Act (RPWD Act), 2016. 

The RPWD Act emphasizes reasonable accommodation and provides for exemptions based on the nature of the disability and the specific job requirements. 

The severity and specific limitations caused by the locomotor disability will be assessed.

The essential functions of the field duty will be evaluated to determine if the disability poses a substantial obstacle. 

The DoPT also clarifies that if an establishment seeks exemption from the reservation provisions for persons with disabilities, they need to justify it to the Ministry of Social Justice and Empowerment. 

You may make a written representation to the authorities concerned before approaching legal sources.